Maine — Fair Debt Collection Practices Act (32 M.R.S. ch. 109-A) + SOL
Authority
Maine Fair Debt Collection Practices Act, 32 M.R.S. ch. 109-A (§§11001–11054) — a licensing statute layered on a near-verbatim adoption of the federal FDCPA's conduct rules, plus Maine-only additions on time-barred debt, debt-buyer pleading, small claims, and medical debt. Administered by the Superintendent of Consumer Credit Protection (§11002(9)) at the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection ("BCCP"), which confirms it administers "Fair Debt Collection Practices Act (FDCPA) - Title 32, Chapter 109-A" on its Laws and Rules page. Enforcement: BCCP administrative orders (§§11051–11051-C), civil penalties through the Attorney General (§11053), and a private right of action (§11054). Unlicensed collecting is a Class E crime (§11040).
Limitations on suit: 14 M.R.S. §752 (6 years, general), §751 (20 years, residual categories), 11 M.R.S. §3-1118 (negotiable instruments), and — controlling for anyone acting as a debt collector — 32 M.R.S. §11013(8), which overrides the Title 14 periods.
Verification note: legislature.maine.gov (Office of the Revisor of Statutes, the official publisher) is not bot-blocked; it serves complete statute HTML. The per-section URL pattern is https://legislature.maine.gov/statutes/<title>/title<title>sec<section>.html and chapter tables of contents are .../title<title>ch<chapter>sec0.html. All text below was taken from the raw statute HTML, not a summary — §751's operative "Except as provided in Title 11, sections 2‑725 and 3‑1118, subsection (1)" opener is the kind of clause a summary drops. Enacted session laws are official PDFs at getPDF.asp?paper=<paper>&item=<n>&snum=<legislature> and backend/App/services/getDocument.aspx?documentId=<id>. Bureau rules are .docx files linked from the Secretary of State's agency-rules page (extracted from word/document.xml); the docx auto-numbering does not survive extraction, so rule subsection numbers below are given only where the rule text itself supplies the cross-reference.
Operative text
Scope — who is a "debt collector" (§11002, §11003)
Maine's Act reaches third-party collectors, debt buyers, repossession companies, and collection attorneys — not original creditors collecting in their own name.
6. Debt collector. "Debt collector" means any person conducting business in this State, the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. … Notwithstanding the exclusion provided by section 11003, subsection 7, "debt collector" includes any creditor who, in the process of collecting the creditor's own debts, uses any name other than the creditor's that would indicate that a 3rd person is collecting or attempting to collect these debts. "Debt collector" includes any attorney-at-law whose principal activities include collecting debts as an attorney on behalf of and in the name of clients, except that any such attorney licensed to practice law in this State is subject exclusively to subchapter 2 and any such attorney not licensed to practice law in this State is subject to this entire chapter. "Debt collector" also includes any person regularly engaged in the enforcement of security interests securing debts, including a repossession company and a residential real estate property preservation provider. … A person is regularly engaged in the enforcement of security interests if that person enforced security interests more than 5 times in the previous calendar year. — 32 M.R.S. §11002(6)
The exclusions that keep first parties out:
The term debt collector does not include: 1. Officers or employees of a creditor. Any officer or employee of a creditor while, in the name of the creditor, collecting debts for that creditor; … 7. Persons collecting debts owed or due to another. Any person collecting or attempting to collect any debt owed or due, or asserted to be owed or due, to another to the extent that the activity: … B. Concerns a debt which was originated by that person; C. Concerns a debt which was not in default at the time it was obtained by that person; … — 32 M.R.S. §11003(1), (7)
Debt buyers are expressly in, as of 2017 (confirming the dispatcher's prior):
5-A. Debt buyer. "Debt buyer" means a person that is regularly engaged in the business of purchasing charged-off consumer debt for collection purposes, whether the person collects the debt or hires a 3rd party, which may include an attorney-at-law, in order to collect the debt. "Debt buyer" does not include a supervised financial organization as defined in Title 9‑A, section 1‑301, subsection 38‑A or a person that acquires charged-off consumer debt incidental to the purchase of a portfolio predominantly consisting of consumer debt that has not been charged off. A debt buyer is considered a debt collector for all purposes under this chapter. — 32 M.R.S. §11002(5-A) (Enacted by PL 2017, c. 216, §3)
"Conducting business in this State" is drafted to reach out-of-state collectors calling into Maine:
2. Conducting business in this State. "Conducting business in this State" means the collection or attempted collection of a debt due another by a debt collector located in this State; the solicitation of creditors in this State as clients and the collection or attempted collection of their debts by a debt collector, wherever located; or the collection or attempted collection of a debt from a consumer in this State by a debt collector, wherever located. — 32 M.R.S. §11002(2) (Amended by PL 2017, c. 317, §1)
Entry gate — license (§11031), bond (§11032), penalty (§11040)
1. Licenses required. Except as provided in this subchapter, no person may conduct the business of a debt collector in this State without a valid license issued by the superintendent. — 32 M.R.S. §11031(1)
B. The payment of fees to apply for or renew licenses, except that the fee for an initial application may not exceed $800 and for a renewal may not exceed $500. If licensing is through the nationwide mortgage licensing system and registry, an applicant must also pay a nationwide mortgage licensing system and registry processing fee in an amount to be determined by the administrators of the nationwide mortgage licensing system and registry. Renewal applications received after the due date are subject to an additional fee of $100; — 32 M.R.S. §11031(2)(B) (Enacted by PL 2021, c. 245, Pt. D, §26)
If a licensee desires to carry on business in more than one place, the licensee shall procure a branch office license for each additional place where the business is to be conducted. — 32 M.R.S. §11031(2)
4. Change in ownership or management. A change of 25% or more in ownership or management of any corporate licensee, or of the partners in any partnership licensee, shall require the filing of a new application under this section. — 32 M.R.S. §11031(4)
The bond is mandatory but its amount is set by the administrator, not by statute:
The administrator shall require each licensee to file and maintain in force a surety bond, in a form prescribed by and acceptable to the administrator and in such sum as the administrator may deem reasonably necessary, to safeguard the interests of the public. The terms of the bond must run concurrent with the period of time during which the license will be in effect. The bond may be cancelled by the surety on the bond by giving 30 days' notice to the administrator, but the cancellation may not in any manner affect the liability of the surety as to anything occurring prior to the cancellation. — 32 M.R.S. §11032
The actual amounts are in Bureau Rule 300 (Rule 705 cross-references them as "Bureau Rule Chapter 300, §4(1)"):
Surety Bond Requirements. Surety Bond Amounts for New Applicants: Applicants that will undertake direct collections or are debt buyers: $20,000 Applicants that will undertake repossession or residential property preservation services activities only: $15,000 Applicants that are letter writing companies (no direct collections): $5,000 Surety Bond Amounts for Existing Licensees Seeking Renewal: Licensees that undertake direct collections or are debt buyers: monthly average of gross Maine collections on behalf of creditors (excluding Direct Payments) for the preceding 12 months: Over $40,000 a month: $50,000 $30,000 - $40,000 a month: $45,000 $20,000 - $30,000 a month: $35,000 $10,000 - $20,000 a month: $25,000 Under $10,000 a month: $15,000 Other existing licensees seeking renewal: Applicants that undertake repossession or residential property preservation services activities only: $15,000 Applicants that are letter writing companies (no direct collections): $5,000 — 02-030 C.M.R. ch. 300 (Debt Collector Operational Requirements), §4(1); statutory authority 32 M.R.S. §§11031(2), 11034. REPEALED AND REPLACED: December 1, 2025 – filing 2025-229
Fees and the license term are in Rule 705, which converted the statute's biennial license to a calendar-year license administered through NMLS:
Previously, licenses for debt collectors were granted for a two-year period and expired on July 31. Effective with this rule, licenses are issued beginning January 1 and expire on December 31[] of the year in which issued. … State of Maine renewal license application fees. Annual fees assessed to renewal applicants are as follows: i. Debt Collector renewal fee: $400.00; ii. Debt Collector branch office renewal fee: $200.00. … State of Maine new license application fees. … i. Debt Collector application fee: $400.00; ii. Debt Collector branch office application fee: $200.00. … Financial responsibility. A licensee shall at all times maintain a tangible net worth of at least $10,000. Failure to maintain a tangible net worth of at least $10,000 at any time in which the license is in effect may constitute evidence the licensee is not financially responsible to carry on a debt collector's business. — 02-030 C.M.R. ch. 705; statutory authority 32 M.R.S. §11031(2). EFFECTIVE DATE: June 25, 2023 – filing 2023-093; AMENDED: July 5, 2026 – filing 2026-136
Operating without the license is criminal, and the exposure runs to individuals:
Any person who carries on business as a debt collector without first obtaining a license pursuant to this subchapter, or who carries on that business after the revocation, suspension or expiration of any license, or who performs duties relating to the conduct of a debt collector on behalf of another person as an officer, director, employee, agent or in any other capacity, unless the other person has first obtained a license which has not expired, but been revoked nor suspended is guilty of a Class E crime. — 32 M.R.S. §11040
Call-time window — §11012 (no stricter than federal)
Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt: A. At any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 a.m. and before 9 p.m., local time at the consumer's location; … — 32 M.R.S. §11012(1)(A)
Call frequency — §11013(1)(E) (intent standard, no numeric cap)
1. Harassment or abuse. A debt collector may not engage in any conduct, the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. Without limiting the general application of this subsection, the following conduct is a violation of this section: … E. Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse or harass any person at the called number; F. Except as provided in section 11011, the placement of telephone calls without meaningful disclosure of the caller's identity; and G. The use of "shame cards," "shame automobiles" or similar devices. — 32 M.R.S. §11013(1)
Prohibited practices that add to or differ from federal law — §11013(2), (3)
The Maine deltas worth coding to (the rest of §11013(2)–(3) tracks 15 U.S.C. §§1692d–1692f):
3. Unfair practices. … G. Communicating with a consumer regarding a debt by postcard; H. Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if that name does not indicate that he is in the debt collection business; I. Using or employing notaries public, constables, sheriffs or any other officer authorized to serve legal papers in the collection of a claim; J. Exercising authority on behalf of a creditor to employ the services of lawyers, unless the creditor has specifically authorized the agency in writing to do so …; K. Failing to return any claim or claims upon written request of the creditor … or refusing or intentionally failing to account to its clients for all money collected within 30 days from the last day of the month in which the money is collected …; L. Commingling money collected for a creditor with the debt collector's own funds or using any part of a creditor's money in the conduct of the debt collector's business; M. Engaging in the business of lending money to any person or contacting any person for the purpose of securing a loan for any person with which to pay any claim left with it for collection, or recommending any person or persons as a source of funds to pay any such claim; N. Threatening to bring legal action in the debt collector's own name or instituting a suit on behalf of others or furnishing legal advice, except that a debt collector who is also an attorney may bring an action under this paragraph in the name of the creditor in any division or county permitted by 15 United States Code, Section 1692i and may furnish legal advice to the creditor with respect to a debt; — 32 M.R.S. §11013(3)(G)–(N)
Credit reporting in the collector's own name is barred outright:
4. Reporting to consumer reporting agency. A debt collector may not report solely in its own name any credit or debt information to a consumer reporting agency, as defined by Title 10, section 1308, subsection 3. — 32 M.R.S. §11013(4)
Settlements and payment plans must be in writing before the consumer owes a payment:
6. Written requirement for payment schedule or settlement agreement. A debt collector may not enter into a payment schedule or settlement agreement regarding a debt unless the payment schedule or settlement agreement is either documented in open court, approved by the court and included in a court order or otherwise reduced to writing. If a payment schedule or settlement agreement is not included in a court order, the debt collector shall provide a written copy of the payment schedule or settlement agreement to the consumer within 10 business days of entering into the payment schedule or settlement agreement and the consumer need not make a payment on the payment schedule or settlement agreement until the written copy has been provided in accordance with this subsection. — 32 M.R.S. §11013(6) (Enacted by PL 2015, c. 272, §2)
⭐ Time-barred debt — §11013(7)–(8): the controlling Maine rule
This is the section that governs Maine SOL for anyone in the collections business. It is a suit bar plus its own limitations period plus a flat no-revival rule, and it displaces the Title 14 periods:
7. Acting on time-barred debt. A debt collector may not initiate a collection action when the debt collector knows or reasonably should know that the collection action is barred by the limitations period as set forth in subsection 8. — 32 M.R.S. §11013(7) (Enacted by PL 2015, c. 272, §2)
8. Limitations period for debt collectors. A debt collector may not commence a collection action more than 6 years after the date of the consumer's last activity on the debt. This limitations period applies notwithstanding any other applicable statute of limitations, unless a shorter limitations period is provided under the laws of this State. Notwithstanding any other provision of law, when the applicable limitations period expires, any subsequent payment toward, written or oral affirmation of or other activity on the debt does not revive or extend the limitations period. — 32 M.R.S. §11013(8) (Enacted by PL 2015, c. 272, §2)
"Collection action" is defined:
1-A. Collection action. "Collection action" means a lawsuit or arbitration proceeding initiated to collect a debt from a consumer. — 32 M.R.S. §11002(1-A) (Enacted by PL 2015, c. 272, §1)
There is no mandatory time-barred-debt disclosure anywhere in ch. 109-A. Every substantive section of the chapter (§§11011–11021) was read on last_verified; Maine bars the suit rather than requiring a Texas/New York-style out-of-statute notice.
Debt-buyer documentation and pleading — §11013(9)–(10), §11019
9. Required information. A debt buyer may not collect or attempt to collect a debt unless the debt buyer possesses the following: A. The name of the owner of the debt; B. The original creditor's name at the time of the charge-off; C. The original creditor's account number used to identify the debt at the time of the charge-off, if the original creditor used an account number to identify the debt at the time of charge-off; D. The amount due at charge-off; E. An itemization of interest and fees, if any, incurred after charge-off claimed to be owed and whether those were imposed by the original creditor or any subsequent owners of the debt; F. If the debt is not from a revolving credit account, the date that the debt was incurred or the date of the last charge billed to the consumer's account for goods or services received. In the case of debt from a revolving credit account, the debt buyer must possess the date of the last extension of credit …; G. The date and amount of the last payment, if applicable; H. The names of all persons or entities that owned the debt after the time of the charge-off, if applicable, and the date of each sale or transfer; I. Documentation establishing that the debt buyer is the owner of the specific debt at issue. If the debt was assigned more than once, the debt buyer must possess each assignment or other writing evidencing the transfer of ownership to establish an unbroken chain of ownership …; and J. A copy of the contract, application or other documents evidencing the consumer's liability for the debt. … — 32 M.R.S. §11013(9) (Enacted by PL 2017, c. 216, §5; amended by PL 2017, c. 318, §1)
10. Transfer of ownership of certain debts. A debt buyer may not sell or otherwise transfer ownership of: A. A debt without the information and documentation required pursuant to subsection 9; or B. A resolved debt, an interest in a resolved debt or any financial information relating to a resolved debt. — 32 M.R.S. §11013(10)
("Resolved debt" means "a debt that has been paid, settled or discharged in bankruptcy" — §11002(8-C).)
The complaint must affirmatively plead timeliness:
1. Complaint; required allegations. A debt buyer may not initiate a collection action against a consumer unless the debt buyer alleges all of the following information in the complaint: A. The information described in section 11013, subsection 9, including that the debt buyer possesses the documentation described in section 11013, subsection 9; B. The basis for any interest and fees described in section 11013, subsection 9; C. The basis for the request for attorney's fees, if applicable; D. That the debt buyer is the current owner of the debt; and E. That the cause of action is filed within the applicable statute of limitations period. — 32 M.R.S. §11019(1)
3. Requirements for judgment. Regardless of whether the consumer appears in the action, the court may not enter a judgment in favor of a debt buyer in a collection action against a consumer, including an action brought in small claims court pursuant to Title 14, chapter 738, unless the debt buyer files with the court: [contract or pre-charge-off document; business records establishing the amount due at charge-off; each bill of sale establishing an unbroken chain of ownership; the contract evidencing entitlement to attorney's fees]. — 32 M.R.S. §11019(3)
Forum — no small claims, and a mandatory answer form for card/student-loan suits
A debt collector may not commence a collection action against a consumer to collect a debt in small claims court pursuant to Title 14, chapter 738. — 32 M.R.S. §11021 (Enacted by PL 2021, c. 245, Pt. F, §3)
3. Notice of complaint. In a collection action subject to this section, the debt collector shall attach to the front of the complaint a one-page form notice to the consumer as developed by the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection. The form notice must be written in language that is plain and readily understandable by the general public and, at a minimum, must contain the following: A. A statement that failure to answer the complaint may result in entry of judgment in the amount demanded by the debt collector; and B. A sample answer and an explanation that the consumer may fill out the form and return it to the court as the answer to the complaint. … 5. Default judgment. If the defendant has failed to plead or otherwise defend, the plaintiff may apply for entry of default and a default judgment. The judge overseeing the action is responsible for entering a default and a default judgment, not the clerk of the court. … — 32 M.R.S. §11020(3), (5) (applies to credit card and student loan collection actions; §11020(6) excludes supervised financial organizations)
Validation — §11014 (5 days / 30 days, plus an economic-abuse cease)
1. Written notice. Within 5 days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing: A. The amount of the debt; B. The name of the creditor to whom the debt is owed; C. A statement that unless the consumer, within 30 days after receipt of the notice, disputes the validity of the debt or any portion of the debt, the debt will be assumed to be valid by the debt collector; D. A statement that if the consumer notifies the debt collector in writing within the 30-day period that the debt, or any portion of the debt, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer …; and E. A statement that, upon the consumer's written request within the 30-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. — 32 M.R.S. §11014(1)
2-A. Economic abuse. If the consumer provides documentation to the debt collector as set forth in Title 14, section 6001, subsection 6, paragraph H that the debt or any portion of the debt is the result of economic abuse as defined in Title 19‑A, section 4002, subsection 3‑B, the debt collector shall cease collection of the debt or any disputed portion of the debt owed by the consumer subjected to economic abuse. — 32 M.R.S. §11014(2-A) (Enacted by PL 2019, c. 407, §5)
Medical debt — Maine's 2024 and 2025 statutes
7-A. Medical debt. "Medical debt" means debt arising from health care services, including dental services, or health care goods, including products, devices, durable medical equipment and prescription drugs. "Medical debt" does not include debt arising from services provided by a veterinarian; debt charged to a credit card unless the credit card is issued under an open-end or closed-end credit plan offered solely for the payment of health care services; debt charged to a home equity or general purpose line of credit; or secured debt. — 32 M.R.S. §11002(7-A) (Enacted by PL 2023, c. 663, §1)
No interest, no fees, and a litigation gate at 300% FPL:
O. Notwithstanding paragraph A, charging any interest on debt that the debt collector knows is medical debt; P. Notwithstanding paragraph A, charging any fee in connection with the collection of debt that the debt collector knows is medical debt; or Q. Pursuing litigation to compel payment of medical debt without providing proof that the consumer was sent a written notice indicating that litigation may not be pursued when the debt collector or collection agency knows the consumer's household income is not more than 300% of the federal poverty guidelines, as defined by the federal Office of Management and Budget and revised annually, and the debt collector or collection agency provided the consumer with at least 30 days to provide evidence that the consumer's household income is not more than 300% of the federal poverty guidelines. — 32 M.R.S. §11013(3)(O)–(Q) (Enacted by PL 2023, c. 663, §§9–11)
Parallel misrepresentation bans (so even saying interest/fees/suit are coming is a violation):
Q. The false, deceptive or misleading representation or implication that interest will accumulate on the debt principal when the debt collector or collection agency is attempting to collect debt that the debt collector or collection agency knows is medical debt …; R. The false, deceptive or misleading representation or implication that a fee will be charged in connection with the debt when … medical debt …; or S. The false, deceptive or misleading representation or implication that the debt collector or collection agency will pursue litigation to compel payment of the debt when attempting to collect debt that the debt collector or collection agency knows is medical debt … — 32 M.R.S. §11013(2)(Q)–(S) (Enacted by PL 2023, c. 663, §§4–6)
Source law: P.L. 2023, c. 663 (S.P. 908 – L.D. 2115), "An Act to Prohibit Unfair Practices Related to the Collection of Medical Debt," APPROVED APRIL 22, 2024 BY GOVERNOR; non-emergency, so it took effect on the general effective date for the 131st Legislature's Second Regular Session — August 9, 2024:
The effective date for non-emergency legislation enacted in the Second Regular Session of the 131st Legislature is Friday, August 9, 2024. — Maine Legislature, Legislative Digest, 131st Legislature Second Regular Session (legislature.maine.gov/doc/10996)
Charity-care suspension (current text, in force since 2026-07-01):
11. (TEXT EFFECTIVE 7/01/26) Collection action prohibited on debt from medical expenses if eligible for charity care. If a debt collector has been notified, orally or in writing, by a creditor or the consumer of the consumer's actual or potential qualification for charity care under Title 22, section 1716‑A, a debt collector may not collect or attempt to collect a debt for medical expenses against a consumer who has been determined to be qualified for charity care under Title 22, section 1716‑A or against a consumer who would have been determined to be qualified for charity care under Title 22, section 1716‑A but did not apply for good cause. If the notification is provided to a debt collector, the debt collector shall suspend collection efforts until the creditor has notified the debt collector and the consumer that the consumer is not qualified for charity care, and, in that case, the debt collector may renew debt collection efforts. — 32 M.R.S. §11013(11) (Amended by PL 2025, c. 488, §5; PL 2025, c. 488, §8 (AFF))
Total ban on credit-reporting medical debt — binding on the furnisher, not just the bureau:
4. Reporting of medical debt on a consumer report. Notwithstanding any provision of federal law, a consumer reporting agency shall comply with the following provisions with respect to the reporting of medical debt on a consumer report. A. A consumer reporting agency may not report medical debt on a consumer's consumer report and a medical creditor, debt collector or debt buyer may not report a consumer's medical debt to a consumer reporting agency. — 10 M.R.S. §1310-H(4) (Amended by PL 2025, c. 201, §5)
P.L. 2025, c. 201 (S.P. 237 – L.D. 558), "An Act to Strengthen Consumer Protections by Prohibiting the Report of Medical Debt on Consumer Reports," APPROVED JUNE 9, 2025 BY GOVERNOR, struck the prior 180-day-delinquency carve-out and repealed former ¶¶B and C. Effective date — it was enacted in the First Special Session:
The general effective date of nonemergency laws passed at the First Special Session of the 132nd Legislature is September 24, 2025. — Laws of the State of Maine, 132nd Legislature front matter (legislature.maine.gov/doc/11985)
Statute of limitations — Title 14 and the UCC
General rule — one 6-year bucket for all contract claims:
§752. Six years. All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided. — 14 M.R.S. §752
Negotiable instruments — 11 M.R.S. §3-1118 (Maine's UCC Article 3-A renumbers §3-118 as §3-1118):
(1). Except as provided in subsection (5), an action to enforce the obligation of a party to pay a note payable at a definite time must be commenced within 6 years after the due date or dates stated in the note or, if a due date is accelerated, within 6 years after the accelerated due date. (2). Except as provided in subsection (4) or (5), if demand for payment is made to the maker of a note payable on demand, an action to enforce the obligation of a party to pay the note must be commenced within 6 years after the demand. If no demand for payment is made to the maker, an action to enforce the note is barred if neither principal nor interest on the note has been paid for a continuous period of 10 years. (3). Except as provided in subsection (4), an action to enforce the obligation of a party to an unaccepted draft to pay the draft must be commenced within 3 years after dishonor of the draft or 10 years after the date of the draft, whichever period expires first. (4). An action to enforce the obligation of the acceptor of a certified check or the issuer of a teller's check, cashier's check or traveler's check must be commenced within 3 years after demand for payment is made to the acceptor or issuer, as the case may be. (5). An action to enforce the obligation of a party to a certificate of deposit to pay the instrument must be commenced within 6 years after demand for payment is made to the maker … (7). Unless governed by other law regarding claims for indemnity or contribution, an action must be commenced within 3 years after the cause of action accrues if that action is: (a) For conversion of an instrument, for money had and received or like action based on conversion; (b) For breach of warranty; or (c) To enforce an obligation, duty or right arising under this Article and not governed by this section. — 11 M.R.S. §3-1118 (Enacted by PL 1993, c. 293, Pt. A, §2)
⚠ The 20-year residual — 14 M.R.S. §751 (the dispatcher's high-stakes quirk: it is real, and it was narrowed in 2017 but not repealed):
§751. Twenty years. Except as provided in Title 11, sections 2‑725 and 3‑1118, subsection (1), personal actions on contracts or liabilities under seal, promissory notes signed in the presence of an attesting witness, or on the bills, notes or other evidences of debt issued by a bank must be commenced within 20 years after the cause of action accrues. — 14 M.R.S. §751 (Amended by PL 2017, c. 251, §1; PL 2017, c. 251, §2 (AFF))
Accrual on running accounts:
§852. Mutual and open accounts current. In contract actions to recover the balance due, where there have been mutual dealings between the parties, the items of which are unsettled, whether kept or proved by one party or both, the cause of action shall be deemed to accrue at the time of the last item proved in such account. — 14 M.R.S. §852
Fraudulent concealment / discovery:
§859. If a person, liable to any action mentioned, fraudulently conceals the cause thereof from the person entitled thereto, or if a fraud is committed which entitles any person to an action, the action may be commenced at any time within 6 years after the person entitled thereto discovers that he has just cause of action, except as provided in section 3580. — 14 M.R.S. §859
Revival under general law — writing and signature required (§860), part payment preserved (§863):
§860. Renewal of promise in writing. In actions founded on any contract, no acknowledgment or promise takes the case out of the operation hereof, unless the acknowledgment or promise is express, in writing and signed by the party chargeable thereby. No such acknowledgment or promise made by one joint contractor affects the liability of the others. — 14 M.R.S. §860
§863. Partial payment and indorsement. Nothing herein contained alters, takes away or lessens the effect of payment of any principal or interest made by any person, but no indorsement or memorandum of such payment made on a promissory note, bill of exchange or other writing, by or on behalf of the party to whom such payment is made or purports to be made, is sufficient proof of payment to take the case out of the statute of limitations. No such payment made by one joint contractor or his executor or administrator affects the liability of another. — 14 M.R.S. §863
Tolling for absence + Maine's borrowing statute (one section):
§866. Defendant out of State when action commenced; insolvency. If a person is out of the State when a cause of action accrues against him, the action may be commenced within the time limited therefor after he comes into the State. If a person is absent from and resides out of the State, after a cause of action has accrued against him, the time of his absence from the State shall not be taken as a part of the time limited for the commencement of the action. If a person is adjudged an insolvent debtor after a cause of action has accrued against him, and such cause of action is one provable in insolvency, the time of the pendency of his insolvency proceedings shall not be taken as a part of the time limited for the commencement of the action. No action shall be brought by any person whose cause of action has been barred by the laws of any state, territory or country while all the parties have resided therein. — 14 M.R.S. §866
Judgments:
§864. Presumption of payment after 20 years. Every judgment and decree of any court of record of the United States or of any state or justice of the peace in this State is presumed to be paid and satisfied at the end of 20 years after any duty or obligations accrued by virtue of such judgment or decree, except for a child support order. … — 14 M.R.S. §864 (Amended by PL 2017, c. 102, §1)
Penalties, private right of action, AG enforcement
Except for a civil action against a debt buyer, the superintendent may, through the Attorney General, bring a civil action for a penalty not to exceed $5,000 against any person who willfully violates this chapter. The superintendent may, through the Attorney General, bring a civil action for a penalty not to exceed $10,000 against a debt buyer who willfully violates this chapter. No civil penalty pursuant to this section may be imposed for violations of this chapter occurring more than 2 years before the civil action is brought. — 32 M.R.S. §11053 (Amended by PL 2017, c. 216, §8)
1. … any debt collector who fails to comply with any provisions of this Act with respect to any person is liable to that person in an amount equal to the sum of: A. Any actual damage …; B. In the case of any action by an individual, such additional damages as the court may allow, but not exceeding $1,000; C. In the case of a class action: (1) Such amount for each named plaintiff as may be recovered under paragraph A; and (2) Such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of $500,000 or 1% of the net worth of the debt collector; and D. … the costs of the action, together with a reasonable attorney's fee … 1-A. … any debt buyer who fails to comply … B. In the case of any action by an individual, such additional damages as the court may allow, but not exceeding $2,000; … 3. Defenses. A debt collector or debt buyer may not be held liable … if the debt collector or debt buyer shows, by a preponderance of evidence, that the violation was not intentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. 4. Action to enforce liability. An action to enforce liability under this section shall be brought within one year from the date on which the violation occurs. — 32 M.R.S. §11054 (Amended by PL 2017, c. 216, §§9, 10)
Plain English
Interpretation — the quotes above win on any conflict.
- Maine is a license state. A debt collector — including a debt buyer, a repossession company, a property-preservation provider, and an out-of-state agency calling into Maine — needs a BCCP license before it collects. Unlicensed collecting is a Class E crime, and §11040 reaches the individual officer/employee doing the work, not just the entity. Entry cost: $400 application (+$200 per branch), a $20,000 surety bond for direct collections/debt buyers, and $10,000 tangible net worth. Licenses now run the calendar year through NMLS.
- First parties are out — a creditor collecting its own debt in its own name is excluded (§11003(1), (7)(B)–(C)). Two exceptions: a creditor that collects under a name suggesting a third party is involved is pulled back in (§11002(6)), and a debt that was already in default when acquired makes the acquirer a collector (§11003(7)(C)).
- The SOL that matters is §11013(8), not Title 14. For anyone acting as a debt collector, Maine imposes its own 6-year period that (a) runs from the consumer's last activity on the debt rather than from breach or accrual, (b) applies "notwithstanding any other applicable statute of limitations" — so it caps §751's 20-year categories at 6 — and (c) yields only to a shorter Maine period. Suing outside it is itself a statutory violation (§11013(7)), not merely an affirmative defense the consumer must raise.
- Post-expiry revival is impossible in Maine. §11013(8)'s last sentence kills payment, oral affirmation, written affirmation, and "other activity" as revival mechanisms once the period has run. Maine belongs with TX/NY/WI/MS on this.
- Pre-expiry, activity does re-start the clock for a collector, because the 6 years runs from last consumer activity. This is the mirror image of the revival rule and easy to get backwards: consumer activity inside the window pushes the deadline out; consumer activity outside it does nothing. Collector-side activity (letters, calls, credit reporting) is not "the consumer's" activity and does not reset anything.
- No time-barred-debt disclosure. Maine bars the lawsuit instead of scripting a notice. Continued non-litigation collection on out-of-stat debt is not itself prohibited by ch. 109-A, but the §11013(2) misrepresentation rules and Reg F 1006.26 still apply.
- Frequency and call window are federal. No numeric cap (§11013(1)(E) is an intent test), and §11012(1)(A) restates the 8am–9pm assumption. Reg F's 7-in-7 presumption is the operative frequency limit in Maine.
- Medical debt is close to a no-margin product. No interest, no fees, no credit reporting at all, a 30-day/300%-FPL notice gate before suing, and a mandatory suspension whenever charity-care eligibility is raised.
- Court is Superior/District, never small claims (§11021), and card/student-loan suits carry a mandatory BCCP answer-form attachment with judge-only defaults (§11020).
Traps / edge cases
- §751's 20 years is still live for the categories §3-1118(1) doesn't reach. The 2017 amendment carved out only Title 11 §2-725 (goods) and §3-1118 subsection (1) — notes payable at a definite time. Contracts under seal, bank-issued bills/notes, and (on the text) a witnessed note that is not payable at a definite time are not inside the carve-out and read as 20 years. Interpretation — no Maine case law was pulled on whether §3-1118(2) demand notes fall inside §751's exception; the two sections point at different answers for a witnessed demand note. Attorney review before relying on either figure. Practical effect for GetPaid is limited because §11013(8) caps any collector at 6 years regardless, but a creditor-side 20-year claim on sealed or witnessed paper is real.
- "Last activity" ≠ accrual. Standard SOL modeling keys on default/breach date; §11013(8) keys on the consumer's last activity. On a charged-off card these are usually close but not identical, and the statute gives the consumer the later of the two only by accident. Model the §11013(8) clock separately rather than reusing the generic accrual field.
- §11013(8)'s no-revival sentence is drafted broadly ("Notwithstanding any other provision of law … the applicable limitations period"), but it sits in a subsection captioned "Limitations period for debt collectors" inside a chapter that binds debt collectors. Interpretation: treat it as certain for collectors/debt buyers and unsettled for an original creditor suing its own paper, where 14 M.R.S. §860 (acknowledgment must be express, in writing, signed) and §863 (part payment preserved) are the fallback. The safe posture across all Maine holders is the collector rule: expiry is final.
- §863 preserves part payment as a revival mechanism under general law but bars the usual proof. A payment notation the creditor wrote on the note is expressly not sufficient proof. Creditor-side revival by part payment needs independent evidence of the payment.
- §866 is both a tolling statute and a borrowing statute. Absence from Maine after accrual is excluded from the period, but the last sentence bars any claim already time-barred where all parties resided. Treat both as attorney-review, not automatic arithmetic.
- The statute says "biennially," the rule says calendar year. §11031(2) still reads "renewed biennially"; Bureau Rule 705 converted licenses to a Jan 1–Dec 31 term via NMLS. Renewal after December 31 terminates the license; reinstatement is possible only through end of February with a $100 late fee, and from March 1 a lapsed licensee must apply as new. Diary this — a lapse is the Class E crime in §11040.
- Bond amount scales with collections at renewal, from $15,000 up to $50,000 for over $40,000/month in gross Maine collections. Growth into a higher tier is a bond-increase event.
- §11013(4) bars a collector from credit reporting solely in its own name — narrower than a reporting ban, but it does forbid the standard collection-agency tradeline posture. Combined with 10 M.R.S. §1310-H(4)'s absolute medical-debt bar, Maine reporting logic needs its own branch.
- §11013(3)(K) is a client-accounting rule with a 30-day clock (remit/account by 30 days from the last day of the month of collection) — an operational obligation that lives in trust accounting, not consumer messaging, and is examined by the Bureau. Rule 300 adds daily trust-account deposit and a fixed monthly commission-withdrawal day.
- §11019(3) forbids default judgments for debt buyers without the full document set — "regardless of whether the consumer appears." A Maine debt-buyer suit is not a paper-default play.
- The one-year §11054(4) limitations period on consumer claims is shorter than the FDCPA's; a Maine consumer's state claim can expire while the federal claim lives.
Related
Official sources on file
- https://legislature.maine.gov/statutes/32/title32ch109-Asec0.html
- https://legislature.maine.gov/statutes/32/title32sec11002.html
- https://legislature.maine.gov/statutes/32/title32sec11003.html
- https://legislature.maine.gov/statutes/32/title32sec11012.html
- https://legislature.maine.gov/statutes/32/title32sec11013.html
- https://legislature.maine.gov/statutes/32/title32sec11014.html
- https://legislature.maine.gov/statutes/32/title32sec11019.html
- https://legislature.maine.gov/statutes/32/title32sec11020.html
- https://legislature.maine.gov/statutes/32/title32sec11021.html
- https://legislature.maine.gov/statutes/32/title32sec11031.html
- https://legislature.maine.gov/statutes/32/title32sec11032.html
- https://legislature.maine.gov/statutes/32/title32sec11040.html
- https://legislature.maine.gov/statutes/32/title32sec11053.html
- https://legislature.maine.gov/statutes/32/title32sec11054.html
- https://legislature.maine.gov/statutes/14/title14sec751.html
- https://legislature.maine.gov/statutes/14/title14sec752.html
- https://legislature.maine.gov/statutes/14/title14sec852.html
- https://legislature.maine.gov/statutes/14/title14sec860.html
- https://legislature.maine.gov/statutes/14/title14sec863.html
- https://legislature.maine.gov/statutes/14/title14sec866.html
- https://legislature.maine.gov/statutes/11/title11sec3-1118.html
- https://legislature.maine.gov/statutes/10/title10sec1310-H.html
- https://legislature.maine.gov/legis/bills/getPDF.asp?paper=SP0237&item=3&snum=132
- https://legislature.maine.gov/backend/App/services/getDocument.aspx?documentId=107346
- https://legislature.maine.gov/doc/11985
- https://legislature.maine.gov/doc/10996
- https://www.maine.gov/pfr/consumercredit/laws_rules/laws.html
- https://www.maine.gov/pfr/consumercredit/industry/licensing.htm
- https://www.maine.gov/sos/rulemaking/agency-rules/department-professional-and-financial-regulation-rules
This page cites
Pages that cite this one
- State matrix — cross-state comparison + coverage tracker
- FDCPA — Scope, definitions, coverage, liability, enforcement
- Validation of debts — §1692g
- Reg F § 1006.14 — Call frequency (7-in-7) and harassment
- Reg F § 1006.26 — Collection of time-barred debts
- FCRA — the agency's duties as a furnisher when reporting to the bureaus
- Massachusetts — AGO 940 CMR 7.00, DOB licensing + 209 CMR 18.00, c. 93 §49, SOL
